Covenant Regarding Real Property 1995-0381780
CITY OF POWAY
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791
~oc # 1995-0381780
29-AUG-1995 12=17 PM
RECORDING REQUEST BY:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
OFFICIAL RECORDS
SAN OI~60 COUNTY RECORDER'S OFFICE
GREGORY SMITH, COIJITy RECORDER
Rf: . 11. 00 fEES' . 25 00
AF: 1100 .
MF: 1.00
WHEN RECORDED MAIL TO:
No Transfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
H.G. Investment Corporation ("OWNER" hereinafter) is the owner of real property described In
exhibit A which Is attached hereto and made a part hereof and which 15 commonly known as Assessor's
Parcel Number 321410.{)1 to 38 ("PROPERTY" hereinafter). In consideration of the approval of Tentative
Tract Map 86'{)1 (RA) by the City of Poway ("CITY" hereinafter), OWNER hereby agrees to abide by
conditions of the attached resolution (ExhiM B).
This Covenant shall run with the land and be binding upon and Inure to the benem of the future
owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that Tentative Tract Map 86'{)1 (RA) expires or is rescinded by City Council at the
request of the OWNER, CiTY shall expunge this Covenant from the record title of the PROPERTY.
If either party Is required to incur costs to enforce the provisions of this Covenant, the prevailing
party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other
party. The CITY may assign to persons Impacted by the performance of this Covenant the right to enforce
this Covenant against OWNER.
Dated:
$1//7/<(';
I
~Qld' ..!"0HTJ,>vt
. . Investment Corporation,
OWNER (Notarize)
CITY OF POWAY
Dated:
7-/2-t?:r
By:
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79~
LEGAL DESCRIPTION
THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS:
LOTS 33 THROUGH 42, LOTS 47 THROUGH 59, LOT 61 AND LOTS 66, 67, 69 AND 70, IN
THE CITY OF POWAY TRACT NO. B6-01, UNIT NO.2, IN THE CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12401, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 15, 1989.
EXHIBIT A
793
'CALlFORNIA ALL.PURPOSE ACKNOWLEDGMENT
No. 5907
State of U t/12),:0
County of &-., ~...., <"'1"&
On Al~r /I; ;Y0/ befor~ ~e, &~ NAi{J::FI:EAEG ,^NEDOENOrYp~~
personally appeared J; ),./~ {/J)On/Jet/ ./
NAME(S) OF SIGNEA(S)
o personally known to me - OR -.0 proved to me on the basis of satisfactory evidence
to be the person~whose name~s~
subscribed to the within instrument and ac-
knowledged to me that he/s~lI~executed
the same in his~ir authorized
capacity(~ and that by his/h~
signatur~ the instrument the perso'*l.
or the entity upon behalf of which the
personM--acted, executed the instrument.
I~'"
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t3' .,
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CLARE A. GRIFFITH I
COMM.#102619-4 0
NOTARY PUBUC-cAUFORNIA. CD
SAN DIEGO COUNTY ( 1
MY COMMISSiON EXPIRES _
MAY 13, 1998 ..J
WI~~nd official seal.
~ ~~Ef
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
~ CORPORATE OFF~ICER
S'e&-€- Vd_
ITLE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
DESCRIPTION OF ATTACHED DOCUMENT
r!etJ ~
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
2..-
NUMBER OF PAGES
7-71. -Y.J
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAf.}E.9FJFRS~RENTITY(IES) /1. ~
)'/,0, ~"'<J,u:7M.~ ~ ,,11--"
,
,-1 ~
THER THAN NAME
@1993NATIONAlNOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
_794
RESOLUTION NO. P-95-37
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
MODIFYING TENTATIVE TRACT MAP 86-01(RA), RESOLUTION AMENDMENT, PHASE 2
ASSESSOR'S PARCEL NUMBERS 321-410-01 THROUGH 38
WHEREAS, Tentative Tract Map 86-01 (RA) submitted by H. G. Investment
Corporation, applicant, for the purpose of modifying the conditions of approval
for TTM 86-01R (Map No. 12401) subdividing the real property situated in the City
of Poway, County of San Diego, State of California into thirty-eight lots
regularly came before the City Council for public hearing and action on July II,
1995.
WHEREAS, Tentative Tract Map 86-01(RA) meets the requirements of the RR-C
zone; and
WHEREAS, the Director of Planning Services has recommended approval of the
parcel map, subject to all conditions set forth in the Planning Services
Department report; and
WHEREAS, the City Council has read and considered said report and has
considered other evidence presented at the public hearing.
NOW, THEREFORE BE IT RESOLVED, that the City Council does hereby approve
proposed Tentative Tract Map 86-01(RA).
Section I: Environmental Findinas:
The City Council finds the previously certified Final EIR for the Green
Valley Ridge Subdivision adequately addresses the potential environmental
impacts of the proposed amendment.
Section 2: Findinas:
I. The approved project is consistent with the general plan in that a
residential land use is proposed by this application.
2. The design or improvements for the tentative parcel map are
consistent with or are conditioned to be consistent with all
applicable general and specific plans, in that required improvements
adhere to the development standards of the City of Poway Development
Code and Subdivision Ordinances.
3. The site is physically suitable for the type of development
approved, in that the lots in Phase 2 will be graded to create
suitable building sites.
4. The site is physically suitable for the density of the development
approved. It contains thirty-eight single-family parcels on about
41 net acres, which is a density of one parcel per 1.08 acres, where
one acre lots are permitted by the RR-C zone. The lot sizes and
configurations all conform to the minimum RR-C zoning standards.
5. The design of the subdivision is not likely to cause substantial
environmental damage and avoidable injury to humans and wildlife or
their habitat, in that portions of the lots have been previously
disturbed, and off-site acquisition of 6.5 acres minimum of
EXHI BIT B _
79~-
Resolution No. P-95-37
Page 2
comparable coastal sage scrub habitat will be required of an in-lieu
fee paid on a pro rata basis for 28 lots.
6. The tentative tract map '15 not likely to cause public health
problems because City water and sewer systems will be provided to
serve the residential lots.
7. The design of the tentative tract map does not conflict with any
easements by the public at large, now of record, for access through
or use of the property within the approved subdivision.
Section 3: Citv Council Decision:
The City Council hereby approves Tentative Parcel Map 89-16 subject to the
following conditions:
Within 30 days of approval (1) the applicant shall submit in writing that
all conditions of approval have been read and understood; and (2) the
property owner shall execute a Covenant on Real Property.
COMPLIANCE WITH THE FOllOWING CONDITIONS IS REQUIRED. COMPLIANCE SHAll BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPMENT
1. All prior conditions of Resolution No. P-86-17 apply except as modified
within this resolution.
2. Condition 15 on page 4 of Resolution No. P-86-17 is rescinded for Phase 2.
It states: "All grading activities, with the exception of that necessary
for streets and driveways, shall be confined within the building setback
lines unless specifically allowed by the Directors of Planning and Public
Services".
3. Condition B. Biological Resources, 2. of Resolution No. P-86-17 is
rescinded, in part, for Phase 2. The subsections to be deleted state: "In
regard to the designated open space easements, the developer shall also be
required to:
a. Improve the habitat quality, if necessary, by revegetating disturbed
areas with plant species indigenous to the coastal sage scrub on-
site.
b. Prohibit activities that will degrade habitat quality (e.g. dumping,
brushing of native vegetation, etc.).
c. Prohibit uses disruptive to wildlife, including those which create
loud noise, excessive lighting, etc. (e.g. off-road vehicles).
d. Ensure that landscaping in the vicinity of the open space areas
included non-invasive exotic or native plant specifies so as not to
create adverse competition to the native vegetation, and therefore,
enhance conditions for native wildlife.
4.
Resolution No. P-95-37
Page 3
Condition B. Bi010flcal Resources, 2. of Resolution No. P-86-17 remains
i.rble for & ..~ 3-5, 8, 9, 12, 14-17 !i!'~~""Bj
'''JI of Phase 2t at border a recreational trall easemenr or open space
easement. The subsection states: '"In regard to the designated open space
easements, the developer shall also be required to:
796
e. Require future homeowners with lots fronting an open space area to
maintain said areas in their natural state.
5. Approval of this request shall not waive compliance with all sections of
the Zoning Ordinance and all other applicable City Ordinances in effect at
the time of building permit issuance.
6. Off-s)j;~B~rEbase of 6.5 a~res of ~omp~rable habit~t.is required wit~in 9G
days ~JY$J!t~ or payment Into an In-lIeu fund admInIstered by the C1ty of
Poway lsrequired on a pro rata basis as the 28 lots owned by the
appl icant are sold or building permits pulled after minor development
review approval. In the event the total amount is not paid within two
years, the applicant shall pay an additional amount as determined by the
City Council.
RECREATION
1. The developer shall improve the remaining recreational trail system in the
subdivision prior to pulling any more than seven building permits of the
28 lots under their ownership. Trail construction shall be in accordance
with the adopted standards and to the satisfaction of the Directors of
Public and Planning Services.
2. An open space easement shall be granted to the City over, upon, across,
and under the area defined on the final maps as a recreational trail and
no building, structures or other things shall be constructed, erected,
placed or maintained on subject easements except for the construction and
maintenance of said trail and structures appurtenant to the trail.
3. Dedicate the Master planned recreational trails to the satisfaction of the
Directors of Public and Planning Services in accordance with the Master
Plan of Trails Element.
GENERAL REQUIREMENTS AND APPROVALS
1. All provisions of the Subdivision Ordinance of the Poway Municipal Code
shall be met as they relate to the division of land.
2. Pyiey te fiRal map appYe~al, all dedieatieRs shall be made aRd easemeRts
graRte~ as reqijife~.
2.
3.
Resolution No. P-95-37
Page 4
j~M;i_~~.jj
797
D;~i~;e "fees j!aiE! ,.(heR' graE!iRg j!~rmit i; isslled. se',:er aRE! \I~ter fees
~aiEl at ~lIilEliRg ~erffiit, the remaiRiRg fees ~aiE! at eeellj!aRey.
4. Inclusionary housing fees shall be paid in accordance with fee schedule in
effect at the time of building permit issuance.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 18th day of July, 1995.
I (,ereby (ertif}', under t(,e penalty
of perjury, that the above and
foregoing is a true and (errect
(Opy of Resolution No.f'- 9.,-- ~.7
as adopted by the City Counc:d of
Poway, California on the I f?~
day of~"P'l 19~
MARJ. . 0 IE K. W AHLSTE~, CITY C~D
bY:~ ~/L) ~"}
ATTEST:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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) SS.
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I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.
P-95-37 , was duly adopted by the City Council at a meeting of said City Council
held on the 18th day of July , 1995, and that it was so adopted
by the follo~vote:
AYES: CALLERY, EMERY, REXFORD, HIGGINSON
NOES: NONE
ABSTAIN: CAFAGNA
ABSENT: NONE
~O-Q~ ~ ~{vv>i....
arJorie\K. a lsten, City Clerk
City o.!!yway
E:\CITY\PLANNING\REPORT\TTM8601R.RES